State v. Price
Supreme Court of Missouri
Appeal from McDonald Circuit Court. — How. H. C. Pepper, Judge. Instruction 6 is erroneous in that it limits defendant’s right of self-defense to the assault made by deceased alone upon him, and leaves out of consideration his right to use a weapon if necessary to protect himself from others acting in concert with deceased. State v. Adler, 146 Mo. 18. Instruction 6 is criticised as being erroneous.
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Appeal from McDonald Circuit Court. — How. H. C. Pepper, Judge. Instruction 6 is erroneous in that it limits defendant’s right of self-defense to the assault made by deceased alone upon him, and leaves out of consideration his right to use a weapon if necessary to protect himself from others acting in concert with deceased. State v. Adler, 146 Mo. 18. Instruction 6 is criticised as being erroneous. The basis of this criticism is that it limits defendant’s right •of self-defense to assaults made by tbe deceased alone, and leaves out of consideration defendant’s right to use a weapon, if…
1Opinion of the CourtBurgess, P. J.
— On the twelfth day of January, 1904, the defendant, Price, was convicted in the circuit court of McDonald county of murder in the second degree, and his punishment fixed at ten years’ imprisonment in the State penitentiary, under an information filed by the prosecuting attorney of said county, in the office of the circuit clerk of said county, charging him with murder in the second degree, by stabbing and killing with a knife one Dick Friend.
After unavailing motion for a new trial, defendant appeals.
The homicide occurred at a picnic held near Coy, ■a small village in McDonald county, on the…
2Cases cited4 opinions
- Newton v. NewtonSupreme Court of Missouri · 1901
- Norris v. WhyteSupreme Court of Missouri · 1900
- State v. AdlerSupreme Court of Missouri · 1898
- Nickerson v. PeerySupreme Court of Missouri · 1901
3Cited by4 opinions
- Hayward v. YostIdaho Supreme Court · 1952
- State v. JonesSupreme Court of Missouri · 1925
- State v. CritesSupreme Court of Missouri · 1908
- Hayward v. YostIdaho Supreme Court · 1952